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Res. No. 019-07-12404RESOLUTION NO. 19-07-12404 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Application No. PB -05 -024 was submitted to the Planning Board by the applicant, V & B Property of Miami, Inc., said application requesting approval of the following variance: variance from Section 20 -3.5 (G) of the Land Development Code to allow the net area of a building site to be 7,003 square feet, where a minimum of 7,500 feet is required and 50 feet of frontage where 75 feet is required; all on property within an "RO" Residential Office Zoning use district, specifically located at 7641 SW 62 Avenue, South Miami, Florida; and WHEREAS, the applicant wishes to develop the property with a new two story mixed use building, and; WHEREAS, in order to develop the property as proposed the requested variance is required and; WHEREAS, the approval of a variance requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, on September 25, 2006 the Planning Board, after public hearing, voted 5 ayes 2 nays to recommend approval with conditions of the variance requested; and WHEREAS, the applicant has submitted revised plans for the development (dated January 22, 2007) thereby adjusting the application to eliminate a second variance request related to perimeter landscaping, and limiting the application to a request for a lot size (includes frontage) variance only; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. That the subject application submitted by V & B Property of Miami, Inc., requesting approval a variance from Section 20 -3.5 (G) of the Land Development Code to allow the net area of a building site to be 7,003 square feet, where a minimum of 7,500 feet is required and 50 feet of frontage where 75 feet is required; all on property within an "RO" Residential Office Zoning use district, specifically located at 7641 SW 62 Avenue, South Miami, Florida is hereby approved with the following condition: (1) that a three foot high fence and bushes be installed on the north property line, as shown on the graphics part of the submitted plans; (2) that the applicant must Res. No. 19 -07 -12404 (2) construct, in accordance with the standards of the South Miami Public Works Department, one on- street parking space in front of the proposed building. Section 2. The approval of the requested variance includes Exhibit A, Development and Site Plan for the V & B Office Building prepared by N25 Architecture Co. (dated January 22, 2007) which is attached and incorporated herein. Section 3. That the approval of the subject variances are based upon the following findings: a) The requested lot size /frontage variance is necessary because the property cannot be developed without a variance which constitutes a hardship; b) The variance requested would have minimal impact on surrounding properties; c) The variance requested is a unique situation that would not be applicable to any other properties in the immediate vicinity. Section 4. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of�� 2007 EST: sec --a2� j �FTY CLERK READ AND APPROVED AS TO FORM: PACommItems1200712- 6- 071PB -06- 0247641 SW 62 Resol.doc r YOR Commission Vote: 4-1 Mayor Feliu Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Nay Commissioner Birts- Cooper: Yea Commissioner Beckman: Yea South Miami Ali•AmericaC � r U CITY OF SOUTH MIAMI • SNCaRPORA7E0 - OFFICE OF THE CITY MANAGER 1927 INTER - OFFICE MEMORANDUM 2001 To: Via: The Honorable Mayor Feliu and Members of the City Commission ' r Yvonne S. McKinley, City Manager 4 From: Julian Perez, Planning Direc or Date: February 6, 2607 ITEM No. Subject: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5 (G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7,003 SQUARE FEET WHERE A MIND" LOT SIZE OF 7,500 SQUARE FEET IS REQUIRED AND -50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE FOR AN EFFECTIVE ETHDA CONSTRUCTION OF A TWO STORY OFFICE BUILDING; AND PROVIDING Request: The applicant, V & B property of Miami, Inc. submitted Application No. PB -06 -024 requesting two variances in order to construct a two story dental office building on a vacant lot located at 7641 SW 62 Street. The applicant's proposal was before the City Commission at its October 17, 2006 meeting at which time the matter was deferred in order to clarify if the applicant's parking under the building was considered "in a structure" which is prohibited in the RO zoning district. The applicant has revised the plans reducing the size of the structure and providing for six of the seven required parking spaces to be in an open lot behind the building. The redesign of the structure also removed the necessity of requesting regisedeClais variance related to development (dated January required perimeter thereby adjusting landscaping The applicant has submitted the p application to be a request for a lot size (includes frontage) variance only. The applicant is proposing to build a two story building with 1,394 sq. ft. of dental ofce space. The required off - street includes six parking spaces located behind the building. An additional required parking space is shown on the street in front of the building. The subject parcel is a non- confonning property and any new construction must meet the zoning standards for the RO Residential Office zone district. Development of the property is prohibited because the lot area of the parcel is 7,003 sq. ft. which is below the minimum required lot size of 7,500 sq. ft. There is 50 feet of frontage which also is below the minimum required frontage of 75, feet for the zoning district (LDC Section 20- 3.5 (G) ). The applicant in a hardship letter claims that the substandard size of the property prohibits the use of the property for its intended purpose. Board at its September 25, 2006 meeting, after public hearing, voted Planning Board Action: The planning 5 ayes 2.nays (Mr. Farfan, Ms. Yates) to recommend approval of the variance requested with the following condition: (1) that a three foot high fence and bushes be installed on the north property line, as shown on the cover graphics part of the submitted plans. (2) Recommendation: It is recommended that the lot size /lot frontage variance as requested by the applicant be approved with the following conditions: (1) that a three foot high fence and bushes be installed on the north property line, as shown on the cover graphics part of the submitted plans; (2) that the applicant must construct, in accordance with the standards of the South Miami Public Works Department, one on- street parking space in front of the proposed building. Backup Documentation: Resolution Planning Department Staff Report 9 -25 -06 Application Location Map Letter oflntent Site Plan /elevations Revised dated 1122/07 Excerpt Planning Board Minutes 9- 25.06 Public notices J D /SAY P:1Comm ltems12W0712- 6- 071PB -06 -024 Variances 7641 SW 62 Ave CM Report.doc CITY OF SOUTH MIAMI To: Honorable Chair & Date: September 25, 2006 Planning Board Members From: Don O'Donniley Re: Variance Requests(2) . Director of Planning 7641 SW 62°' Ave. PB -06 -024 Applicant: V & B Property of Miami, Inc . Location: 7641 SW 62 Ave. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR TWO VARIANCES FROM SECTION 20 -35(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL REQUIREMENT GRAPHIC OF SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE TO PERMIT 2 FEET 6 INCHES OF ABUTTING LANDSCAPE ON THE NORTH SIDE OF THE PROPERTY WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE_.. PURPOSE OF THE VARIANCES IS TO PERMIT TIRE CONSTRUCTION OF A TWO STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant needs variances in order to construct a two story office building on a vacant lot located at 7641 SW 62 Street. The applicant is requesting approval of a variance for lot size (includes frontage) and from a required perimeter parking lot landscape provision. The applicant is proposing to build a two story building with 2,000 sq. ft. of office space with the required off- street eight parking spaces located on the ground floor under the building. The F.A.R. will be .27 (.30 permitted). BACKGROUND The subject parcel is a non - conforming property and any new construction must meet the zoning standards for the RO Residential Office zone district. Development of the property is prohibited because the lot area of the parcel is 7003 sq. ft. which is below the minimum required lot size of 7500 sq. ft. There is 50 feet of frontage which also is below the minimum required frontage of 75 feet for the zoning district (LDC Section 20- 3.5G). The applicant in a hardship letter claims that the substandard size of the property prohibits the use of the property for its intended purpose. Variance(s) -7641 SW 62 Ave.. September 25, 2006 Page 2 of 3 A second variance is requested is also a result of the placement of the required parking spaces (parking lot) along a perimeter property line. All exposed outside parking lots must have a 5 feet wide section of landscaping on-the side (LDC Section 20 -4.4 Graphic) The applicant's submitted plans show only 2 '/z feet on the north side of the parking area. The applicant in the hardship letter claims the variance is necessary to assure the safe maneuvering of traffic in the parking area. It is also pointed out by the applicant that the property abutting this side of the property already has a significant landscape buffer. APPLICABLE REGULATIONS See ATTACHNMEN • Land Development Code Section 20 -3 .5(E) Dimensional Requirements • Land Development Code Section 20 -5.9 Variances Approvals • Land Development Code Section 20 -4.4 Parking design elements (p.98.4) STAFF OBSERVATIONS (1) The subject site is surrounded by the following properties and zoning districts: office buildings to the north and south (RO zoning district); a residence to the east (RS -3 zoning district); and a commercial shopping center across SW 62 Avenue to the west (GR zoning district). (2) The lot area/frontage variance request is a not a unique situation. The substandard size of the property is a deterrent to the development of the property. There have been similar- requests from other property owners in the MO zoning districts and there are properties in another RO district which may require this same type of variance if new development is contemplated._. _ _._ (3) In May of 2005 an applicant requested two similar variances (lot size and reduction of perimeter landscaping) to permit an office building on a substandard lot in an MO zoning district. The Planning Board recommended approval of both variances, however, the City Commission approved only the lot size variance. The applicant was advised to redesign the structure or parking area to comply with the required five foot landscape perimeter. This can be interpreted as a policy preferred by the Commission. (4) The requested lot size / frontage variance is necessary to use the property and constitutes a hardship. There will be minimal impact on surrounding properties. The perimeter landscape variance request although minimal is not a hardship and can be avoided by adjustment of the plans RECOMMENDATION It is recommended that the Board recommend approval of the lot size / frontage variance and deny the perimeter landscape variance request. If the landscape variance request is recommended for approval it should include a condition that a three foot high fence and bushes be installed on the north property line, as shown on the cover graphics part of the submitted plans. Variance(s)-7641 SW 62 Ave.. September 25, 2006 Page 3 of 3 Attachments: Application Location Map Zoning Map Letter oflntent Letter of Hardship LDC Applicable Regulations Copy of Public Notices Survey Site Plan j DODIS�Y,�f) p P:1PBIPB Agendas Staff Reports12006 Agendas Staff Reportsl9- 25- 061PB -06 -024 Variances 7641 SW 62 Ave.doc City of South Miami Planni ing Department City Hail, 6130 Sunset Drive, South N iamai, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 668 -7356 Application For Public Hearing Before Planning Board & City Commission THE APPL }CANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: :'Owner X Owner's Representative _Contract to purchase TION IS FOR THE _Option to purchase Tenant(Lessee 'LEASE CHECK THE APPROPRIATE ITEM: —Text Amendment to LDC X Variance Zoning Map Amendment _Special Use _ PUD Approval _„_Special Exception PUD Major Change X Other (Waiver ofPl ) Arowaj Meffy explain application and cite specific Code sections: The applicant seeks a lot size vanance Tor a non- conTorming s—Ld, rual U �L--Vu 1u� allowing development to occur (1) on a net area of 7,003.50 s.f. where 7,540 s_f. are reaufred. and (2) with a frontage of 50 ft. where 75 feet are required. 20 Subsection: 3.5G Page #. 49 Amended Date: PLEASE CHECK ALL THAT APPLY: X Letter of intent Justifications for change X Statement of hardship X Proof of ownership or fetter from owner Power of attorney Contract to purchase X Current survey (1 original sealed and signed/1 reduced copy cr 11" x 17 ") X 15 copies of Site Plan 1 reduced copy @ 11" x 17" _ 20% Property owner signatures X Mailing labels (3 sets) and map ,X Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to the best of applicant's knowledge and belief. J App Iic 's Si tyre and title Date Upon Lpt applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and resumed to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment City of South Miami PB -06 -424 Variance Application 7641 SW 62 Avenue 0 0 0 41 SD fG fD m 4 M 0 N N ry 6110 0 Q3 m rn 8140 !211 .7220 600 La 7301 7248 7851 6280 -J 7311 7340 �° D 5991 5964 5 k 7313 v ❑ �yo 5a 7321 7320 z Q 7333 7330 04 to �yo w 6250 z '{ 6022 7348 m tia 6040 3W 74TH ST 7481 :740101 GJ II ' RI 0 7411 1 10 s'a v 7410 W s 7 7421 7420 Q 7421 p 6�h¢ yo° 1 7440 ^�a 7431 7430 7431 6~h� Sy�4 7500 7511 7501 7500 LD 7500 7515 7520 1 540 7511 7510 7511 7530 7540 7541 7521 7520 7521 !.Q 7535 7U i 5991 C>O 7575 6101 7531 SU JECT SW 76TH ST c ®l �y,�* 6150 760fi ° o c°v ° `° p ° 7601 7600 7 �[ [ 7 g 7615 7616 7621 7620 !!� 7621 7620 6`�L?p 7633 7630 7638 Q 7631 7628 o� 7640 7640 7641 7634 6290 7700 7701 7700 7701 7650 �ry,Y4 0 7710. 7711 7710 7711 T720 7720 7721 7714 T721 y0 v N 7700 7730 7731 7720 7731 7740 SW 78 0 0 0 41 SD fG fD m 4 M 0 N N ry SW 79TH ST S 6330 6310 c�i o ❑ 40 `o m 5989 5g5� 5 ir Edon r ■ MEN Sam rr ■. =■ = =rDiB•dR -r ■• ■- DAViSRD SW 80TH ST a 6200 R 6.,y0 S�AryO �Op 5980 59 ■ 8015 0 300 600 900 1,200 1,500 reo+ 6110 0 Q3 m rn 8140 °m v00i N w 7 La 7851 ° �° D 5991 5964 5 k 7691 SW 79TH ST S 6330 6310 c�i o ❑ 40 `o m 5989 5g5� 5 ir Edon r ■ MEN Sam rr ■. =■ = =rDiB•dR -r ■• ■- DAViSRD SW 80TH ST a 6200 R 6.,y0 S�AryO �Op 5980 59 ■ 8015 0 300 600 900 1,200 1,500 reo+ SHUTTS BOWEN LLP ATTORNEYS AND COUNSELLORS AT LAW MARIA A. GRALIA (305) 347 -7328 Direct Telephone August 17, 2006 Don O'Donniley, Director City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Letter of Intent for 7641 S.W. 62nd Avenue /Applications for Zoning Variances and Site Plan Approval (the "Applications ") Dear Mr. O'Donniley: E -M.itL ADDRESS: mgra1ia @shutts -1a W.CDM This firm represents V & B Property of Miami, Inc. (the "Applicant "), the owner of a parcel of land (the "Property") located at the above referenced address in the City of South Miami, Florida (the "City"). The Property is presently zoned Residential Office ( "RO ") and is bounded by an office = condominium to the south, an office to the north, 62nd Avenue to the west (facing the back of a Pet Co situated across the street), and a residence to the east. I. The Requests V & B requests two zoning variances and site plan approval from the City's Land Development Code (the "LDC "). First, the Applicant seeks a lot size variance that would allow development to occur (1) on a net area of 7,003.50 square feet where 7,500 square feet are required, and (2) with a frontage of 50 feet where 75 feet are required. Since the Property is a non - conforming, substandard -sized lot, the Applicant requests this variance so that it can develop the Property while maintaining the existing RO zoning designation. Second, the Applicant seeks a landscaping variance to allow for a 2.5 foot landscape buffer on the north perimeter of the Property, where a 5 foot landscape buffer is required. The Applicant requests this variance so that it has the ability to insure the safe maneuvering of traffic on the Property and simultaneously remain compliant with other LDC provisions. It is important to emphasize that the south perimeter of the Property does not need such a variance; hence this request is limited to a 2.5 foot reduction of the northern landscape buffer. Additionally, since the property abutting the Applicant's Property on the north side provides a significant landscape buffer with mature trees, the impact of this landscaping variance is mitigated. ,.,........,.,�.- •v,.,ann�nFUA€ n . MTAMI P11)RIDA33131 - TELEPHONE(305)358-6300 • FACSIMILEt305)361 -9962 • WEBSrMwww.sbUtt5- 12W -00rn Don O'Donniley, Director August 17, 2006 Page 2 YI. The Project Along with the Application, the Applicant has submitted a site plan prepared by Norman Blandon, of N25 Architecture Co., entitled V &B Office Building, dated August 8, 2006 (the "Site Plan"). The Site Plan provides for a two- story; 2,000 square foot office building with parking located on the ground level (the "Office "). Despite the fact that the Property is only 7,003.50 square feet, the Office's innovative use of space and design significantly enhances the appearance and does not detract from the safety of the area. The Office is designed so that the first floor is an elevator lobby that covers 315 square feet, utilizing approximately 26% less space than the maximum building coverage allowed by the LDC. The second floor contains the main office and several balconies. The above mentioned design choices, coupled with the fact that Office is lined with floor -to- ceiling glass windows, creates ample open space and provides an unobstructed view of the lush landscaping on the Property. Further, the Project was designed so that there is sufficient space for traffic to safely circulate. We appreciate your attention to this matter and look forward to your favorable review and recommendation in connection with these Applications. MAG /gw cc: Mr. Luis Velis Mr. Norman Blandon Lauren M. Harper, Esq. MIADOCS 1050963 Z Very truly yours, Man a A. Gralia r r­ o -ATitVXT i T D ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULA'T'IONS A Land Development Code Section 20 -3.5(C )(1) Dimensional Requirement Tables (1) The use of land and the erection of buildings and other structures on land shall be subject to the dimensional requirements of the applicable zoning district, as reflected on the three tables labeled "Dimensional Requirements, Single - Family Districts" (Section 20- 3.5E), "Dimensional Requirements, Multi family Districts" (Section 20 -3.5F) and "Dimensional Requirements, Nonresidential Districts" (Section 20- 3.5G). Land Development Code Section 20-3.5(G) DIMENSIONAL REQUIREMENTS REQUIREMENT RO Net Area (sq. ft.) 7500 Frontage (ft.) 50 ® Land Development Code Section 20 -5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to section 20 -5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension -of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely .request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by a map which refiects all properties and the Variances) --7641 SW 62 Ave.. September 25, 2006 Page 6 of 3 names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of and concurrence with the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (S) Impervious coverage (7) Off- street parking (8) open space (9) Signs (10) Landscaping CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Monday, September 25, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Beilman, Mr. Comendeiro, Mr. Davis, Ms. Lahiff Ms. Yates and Mr. Farfan. Board members absent: None City staff present: R. Don O'Dom -iley, AICP (Planning Director), Sanford A. Youkilis, AICP (planning Consultant), Gremaf Reyes (Video Support), and Patricia Lauderman (Planning Board Secretary). M. Planning Board Applications / Public Hearing (A)PB -06 -024 Applicant: V & B Propefty of Miami, Inc. Location: 7641 SW 62 Ave. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR TWO VARIANCES FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL REQUIREMENT GRAPHIC OF SECTION 20-4:4 OF THE LAND DEVELOPMENT CODE TO PERMIT 2 FEET 6 INCHES OF ABUTTING LANDSCAPE ON THE NORTH SIDE OF THE PROPERTY WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY LOCATED Planning Board Meeting September 25, 2006 Page 2 of 4 AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCES IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE Action: Mr. O'Donniley explained that the applicant is requesting approval of a variance for lot size which includes frontage and a second variance from a required perimeter parking lot landscape provision. The variances are needed in order to construct a proposed two -story building with 2,000 s.q. ft of office space with the required off - street eight parking spaces located on the ground floor under the building. At this point Mr. O'Donniley provided a brief background on the subject parcel. He indicated that the subject parcel is a non - conforming property and any new construction must meet the zoning standards for the RO Residential Office zone district. He also noted that the lot area of the parcel is 7003 sq. ft. which is also below the minimum required lot size of 7500 sq. ft. There is 50 feet of frontage which also is below the minimum required frontage of 75 feet for the zoning district. Mr. O'Donniley addressed the applicant's hardship letter which claims that the substandard size of the property prohibits the use of the property for its intended purpose. Furthermore, a second variance is also a result of the placement of the required parking spaces (parking lot) along a perimeter property line. Mr. O'Donniley also noted that all exposed outside parking lots must have a 5 feet wide section of landscaping on the side. The applicant's submitted plans show only 2 1/2 on the north side of the parking area. The applicant in the hardship letter indicates that the variance is necessary to assure the safe maneuvering of traffic in the parking area. Mr. O'Donniley made the following observations: (1) The subject site is surrounded by the following properties and zoning districts: office buildings to the north and south (RO zoning district); a residence to the east (RS -3 zoning district); and a commercial shopping center across SW 52 Avenue to the west (GR zoning district). (2) The lot area/frontage variance request is a not a unique situation. The substandard size of the property is a deterrent to the development of the property. There have been similar requests from other property owners in the MO zoning districts and there are properties in another RO district which may require this same type of variance if new development is contemplated. (3) In May of 2005 an applicant requested two similar variances (lot size and reduction of perimeter landscaping) to permit an office building on a substandard lot in an MO zoning district. The Planning Board recommended approval of both variances, however, the City Commission approved only the lot size variance. The applicant was advised to redesign the structure or parking area to comply with the required five foot landscape perimeter. This can be interpreted as a policy preferred by the Commission. (4) The requested lot size / frontage variance is necessary to use the property and constitutes a hardship. There will be minimal impact on surrounding properties_ The perimeter landscape variance request although minimal is not a hardship and can be avoided by adjustment of the plans Planning Board Meeting September 25, 2006 Page 3 of Applicant's representative: Maria A. Gralia, Esq. Ms. Gralia explained that a lot size variance that would allow development to occur on a net area of 7,003 sq. ft where 7,500 sq. ft are required and with a frontage of 50 feet where 75 feet are required. Since the property is non - conforming, substandard -sized lot, the applicant requests this variance so that it can develop the property while maintaining the existing RO zoning designation. The landscaping variance would allow for a 2.5 foot landscape buffer on the north perimeter of the property, where a 5 foot landscape buffer is required. Ms. Gralia indicated that the variance was needed in order to insure the safe maneuvering of traffic on the property and simultaneously remain compliant with other LDC provisions: She also noted that the south perimeter do not need such a variance. Ms. Gralia also addressed the site plan prepared by Norman. Blandon of N25 Architecture Co. She stated that despite that the property is only 7,003.50 sq. ft, the Office's innovative use of space and design significantly enhances the appearance and does not detract from the safety of the area. - Mr. O'Dooniley commented that this Board is not reviewing the design of the building that task is in the purview of the Environmental Review and Preservation Board. RECOMMENDATION It is recommended that the Board recommend approval of the lot size / frontage variance and deny the perimeter landscape variance request. If the landscape variance request is recommended for approval it should include a condition that a three foot high fence and bushes be installed on the north property line, as shown on the cover graphics part of the submitted plans. Chairman Morton opened the public hearing. Speakers: ADDRESS SUPPORT /OPPOSE NAME Brian Rothman Supported Mr. Rothman stated is the north side property owner. He said he did not object to the variances, but would like to see a 5 or 6 feet fence with landscaping so that there is a good separation between the properties. Bob Welch Opposed Mr. Welch provided an example in which the owner of the property that sits on SW 70 St and SW 62 Terrace did not check the requirements for the "RO" zoning and now is faced that parking spaces need to be added but can't because oak trees would need to be removed. Mr. Welch urged the Board to let the prospective developers know that if a lot sits on a non - conforming use they should comply with the regulations of the zoning and not look for variances to make projects fit. Peter Jude Opposed Mr. Jude commented he owns a unit at 6211 SW 78 St and serves as. president of Rittenhouse Condominium Association. The condominium is located on 62 Ave and 78 St. Tonight he is speaking on behalf of four other unit owners, who like himself, have a Planning Board Meeting September 25, 2006 Page 4 of 4 concern given with the variances the developer will be able to squeeze a larger building than the zoning allows for. Richard Anderson Opposed Mr. Anderson stated he owns two properties adjacent. He commented that given the discussion earlier tonight about regulating the size of single - family homes and now this new proposed construction has a lot area of the parcel of 7003 sq. ft where the minimum required lot size is 7500 sq. ft. A considerable concern he has heard from the neighbors in the surrounding area is the concern about the parking. He indicated he did not agree with the variances. Motion: Ms. Yates motioned to recommend approval of the lot size / frontage variance with the condition that the landscape variance be denied. Ms. Lahiff seconded the motion. Vote: Ayes 3 Nays 4 (Mr. Beilman, Mr. Comendeiro, Mr. Davis, Mr. Morton) Motion failed for lack of a majority. Motion: Mr. Beilman motioned to recommend approval of both variances. Mr. Davis seconded the motion. Vote: Ayes 5 Nays 2 (Ms. Yates, Mr. Farfan) K :TBIPB Minutes12006 MinuteSTB MINS 9 -25 -06 Excerpt D6- 024.doo 2 k �_ �E ■ � g & k � a7757� � E! \ ƒ\•)k(� ■! ! ; -t! E�!■ |[ �k§ s2 |al�Eiz \ -j2 ) ky| 7 -| lu! ! f� . |k 2! # °�,k# � $ _ �� =2� ■ ■! \ ;! |4 ; +! t / &; !! , } ƒ!| ( RE k « 7 �� $JR E { c ! ■! +e « #7 ms ƒ § ) {k)!; z 7 «| $§2£ §c! 02 ®p f ■!§;E x!|$33; ®!)f| k � q- \ \\ \ so 0 0 N [O N r CD ZD z a a W x era 91 JJ E COURTESY NOTICE CITY OF SOUTH MIAM15 FLORIDA On Tuesday, February 6, 2007, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE ESTABLISHING INTERIM DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY RELATING TO °MC MANSIONS" STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO -STORY HOMES FOR THE ;= GHT THREE MONTH PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS; AND EXPANDING THE POWERS OF THE ERPB BY AMENDING SUBSECTION 20- 6.1(C)(3)(f). AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING CREATING 2G-05.1 (F) TO PROVIDE OR THE OPTION OIF USING A DECLARATIONI OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE. AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING SECTION 20 -7.36 AND 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE { COVENANTS IN LIEU OF UNITY OF TITLE. l A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF I FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT, THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING. A TO A REQUEST 3.4(3)(4)(b) RESOLUTION ELATING PURSUANT OF THE LAND DEVELOPMENT TO CODE FOR SPECIAL USE CAFE N THE L"SR (HD)' SPECIALTY T RETAIL LHOMETOWN CITY DISTRCT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE). A RESOLUTION RELATING TO A REQUEST FROM HABITAT FOR HUMANITY OF GREATER MIAMI INC PURSUANT TO SECTION 20- 5.15(e) OF THE LAND DEVELOPMENT CODE TO ALLOW THE RELEASE OF A UNITY OF TITLE EXECUTED ON MARCH 20, 2006 WHICH COMBINED INTO ONE BUILDING SITE THE FOLLOWING PARCELS LOTS 77 & 78 LESS NORTH 5 FT. OF LOT 78 & LESS EXT. AREA OF CURVE IN NE CORNER, (6350 SW 60th AVENUE) AND THE EAST 112 OF LOT 79, (6016 SW 63rd STREET) BLOCK 14, FRANKLIN SUBDIVISION, AS RECORDED IN PLOT BOOK 5, AT PAGE 34, ' PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA Above items can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. If you have any inquiries on the above items please contact the City Clerk's office at: 305 - 663 -6326. ALL interested parties are Invited to attend and will be heard. Maria M. Menendez, CIVIC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission wish respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to >4 ,� —1. ,J,hirh —rd indi vies; the NEIGHBORS CALENDAR 'CALENDAR, FROM 46 itory:6:30 -8:30 p.m. Wednesdays )an. 31 -March 21; • Writing Mysteries and Crime Fic- tion: 6:30 -8 :30 p.m. Thursdays Feb. I -March 22; • When Silence Speaks - Poetry and the Promised Land: 6:30 -8:30 pm. Thursdays Feb. 1 -March 22; o Writing Flash Fiction, Subversive Fiction and Magical Realism: 6:30- 8:30 p.m. Feb, I -March 22. Introduction to Nature Writing -Re- sponding to Our Environment: Everything from grammar to the writ- ing process to a sampling of favorite nature authors are covered in this course. Practice developing a style while discovering content and inspi- ration in nature while working in a nature preserve; 1-3 p.m. Saturdays, Feb. 3 -17; The Environmental Center at Miami Dade College - Kendall, 11011 SW 104th St., Kendall; $45. To regis- Miracle M ter, call 305- 237 -2600 or go to Club: Imp mdc.edu /kendall /ce and click on as a bette Environmental Center; use reference tenor and number 411789. 1:30 p.m.. Reflective Writing: Learn journaling miracle and writing techniques for personal lunch fee: growth and healing; 7:30 -9 p.m. Mon- 786-399 - days; South Miami Hospital, 6200 SW maya @eE 73rd St., South Miami; $10 per session. Practical 786 -662 -5200. thebook USA Dance Inc.*. Ballroom dance les- ton's The sons from the nonprofit organization; 9:30 -11 a. 7 -9 p.m. Mondays; South Miami and Nobl Lutheran Church, 7190 Sunset Dr., Kendall; i South Miami. 305- 387 -1342. Rotary C Palmettc CLUBS /MEETINGS ings,12:1' Roma's, l Kendall Professional Group; Business Bay; $10. networking and referrals; noon first 305 -252. Thursday; Steak and Ale Restaurant, 305 -323 9090 SW 97th Ave., West Miami- South Di Dade; first meeting free. C6II Ira Marks The club at 305 -387 -3474, tion inch our community a a g_ The Community Image Advisory Board (CIAB) invites poster to "Clean Up and Green Up" our community. Be the slogan as part of a poster design. Include your nt grade, home address, phone number or email on the ba EIem /Mid /High School Prizes (prizes for each school level) 1st Place - XBOX 360 2nd Place - lPod Nana 3rd Place - Elementary. 4 tickets to Disney World MiddlelHigh: 4 tickets to Universal islands of Adventure Eiiit{f ies Due 5: Thursday, Feb Submit entries to: CI Pt ct Af M All artwork must be original. not defivagve and not generated by computer. You may use any medium e) not be retumed. Artwork cannot be any larger than 14x17. All entries become property of the Miami Hen Board and Newspaper in Education. GAE�Ek MIAMI­ M"Ta.veoN na u l _ - °�, er Fvq;.. Ml��" fff� s - t � i Intlgba -z :Afrlq Gall { TOTAL HALE N , CONTINUES, ° L- EVERYTH0 ; ; IS SOLD GREAT;;STUFF F ►BUt ' USF PRLCES s 4ttentlon Dlasfgnells Decorators �.� Architects "Collectors Art enthusiasts o` _ �- Elnlque deco; [tetT�s Orlgmal�frican art .�_ Giraffes Fl phcsnts Museum quality masus y u }stafiues s4oals baskets E: s. IiAon�Thur 7i 7 Fri►Sat i4.10, Sun:'12� � . 2029 Harrison St'Hollywood;` 954 920 20ilR p ' y �_ � ,_ � �,��_COIiRTESY IiIOTICE. � � � < _. ; y ��. AN .ORDINANCE RELATING TO.�r CERTIFICATES �O� ' -° OCCISFANCY ,:- AN1ENDlNG =SECTION:20- 516 >.RELA73NG;TO - • "'l]NITYTOF =` TITLE;' C1�EATEI +iG`SUBSECTIQN= 20- 51fi(F) TO •_ PROVIDE FDR =THE OPTION OF US1NG A DECLARATION OE RESTRICTIVE COVENANT'S IN LIEU OF UN(TY OF TITLE = - - -` e�,t "<nonEhiel�rtG ' RFI 4TWC` TO', CERTIFSCATES .'OF -_ -- FA RESOLUTIDN RELATING TO A REQUEST FORA VARIANCE -- ROM= SECTI03�: 2D 3 5(G OF THE -LAND i?EVELOPMENT . run- qr TD BE CALLED C,IGGLE "CITY PLAY CAFE IN THE SR (HDJ' SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT-SPECIFICALLY LOCATED AT. -5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE); A RESOLUTION RELATING °TO A REQUEST FROM, HABITAT' FOR:- HUtJAN3TY :OF< GREATER :MIAMI INC'PURSUANTeTO --.".SECTION-20-5.16(s) OPTHE`LAND`DEVELOPMENT CODE ,'TO : ALLOW= THE`RELEASE OF 'A UNITY -OF -TITLE EXECUTED ON... - MARCH -m 200T -WHICH COMBINED: INTO - ONE BUILDING SITE THE FOLLOWING PARCELS LOTS 77 & 78 LESS NORTH 5 F7. OF LOT 78E LESS EXT. AREA OF CURVE IN NE CORNER 18350 SW 60th . `AVENUE} AND THE EAST 1 12 OF LOT 79, (6016 ' SW 6sb STREET) BLOCK.14; FRANKLIN_ SUBDMSION; -AS REDORDED.IN PLAT BOOK 5, AT PAGE 34 'PUBLIC RECORQS OF_MIAMI 174DEC OUIITY.FLORIDA i _- It you have 7 InquhEes n ha the above mleas s please rnnta 1 the Clty Clef] a o(1cash ' 3n6 -ss3 -6329 a ? r _ _ At.Llnterestad panfes are Imbed to attend and will be hemmer& � ' -5 ,f � - , I - ' Marie M: Menendez CMC - City Glerk rI Pursuant to Florida Slatuta'o 216110, the Glty h- hs advises the public thaE 7f e.persan 'decides to appeal any dscleion made by thLs 9ca d ggsncy ar:Gommis9fon wdh respect to any manercoreldered hs maetkrg- or:haadn1. he or she wIli need a recaitl of the pmcaedngs.and that 4or such Aurposa afiacted p may need io ensure that a verbatim record cf the proceedings Is m de which record includes the test mony -and -' av3tlenceppap whfch_Ihe appeal 3s to be based - - i MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR FEBRUARY 20, 2007 in the XXXX Court, was published in said newspaper in the issues of 02/09/2007 Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aff!ant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thi "dverfisepefffpr publication in the said newspaper. �f Sworn to and subscribed before me this 09 EBRU A. D. 2007 (SEAL) O.V. FERBEYRE personally known to me Maria I. Mesa My Commission DD293855 E„pires March 04, 2008 _CITY OF.SOUTH MIAMI NOTICE "OF _PUB.LIC ;'HEARING NOTICE 15 HEREBY given that the City Commissian.of the City of -South Miami, Florida will conduct Public Hearings at its regular City Commis sion meeting scheduled for Tuesday February 20; 2097 beginning at 7:30 p.m.: in the C[ty Commission Chambers, 6130 Sunset Drive; to consider the following items AN ORDINANCE OF. THE MAYOR AND CITY COMMISSION OF: THE CITY= OF:SOUCH MIAME k: RELATING TO CERTIFICATES '.OF OCCUPANCY -..A 1fENDl -NG__ SECTION 20-5.16 =:RELATING TO `..UNITY::;OF -TITLE• %_,.CREATING SUBSECTION 20- 5.1.6(F) TO PROVIDE FOR THE OPTION OF `. USING A DECLARATION OF RESTRIGTIVE' COVENANTS IN LIEU -OF UNITYOF:TITLE;:PROVIDING FOR SEVERABbTy, . ORDINANCES IN CONFLICT, ANB AN EFFECTIVE,DATE AN ORDINANCE OF THE MAYOR -AN.D CITY^. COMMISSION OF:-THE CITY; -OF - SOUTH_ MIAMI, -. FLORIDA, RELATING TO 'CERTIFICATES OF:.::OCCUPANCY ; .'AMENDING SECTION 20 -7.30 ;-AND -:20 -8.16 RELATING `;TO`..UNITY. & TITLE PROVIDING FOR THE OPT.10-N OF. USING A`DECLARATION OF RESTRICTIVE COVEN ANTS IN LIEU OF UNITY,OF TITLE PROVIDING FOR:. SEVERABILITY, `.ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE -A RESOLUTION OF THE MAYOR „& CITY COMMISSION OF ' THE.CITY:OF SOUTH MIAMI." LOR_ IDA; FIELATING -TO A - -: REQUEST.FOR A VARIANCE FROM SECTION 20- 3.5(6) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE. j- OF A BUILDING;SITE'TO BE 7003 SQUARE. FEET. WHERE 4 'MINIMUM LOT SIZE OF °7500; SQUARE FEET IS REQUIRED- AND 50 , -:FEET ':OF` FRQNTAGE WHERE ,75., FEET IS REQUIRED; ON " — PROPERTY LOCA ED "AT 7641 SW 62' . AVENUE, . SOUTH = 'MIAMI FLORIDA; WITHIN THE '"RO .' RESIDENTIAL ''OFFICE ZONING USE DISTRICT; THE PURPOSE 017 THE _..VARIANCE` 15 TO`;' PERMIT. THE CONSTRUCTION OF.ATWO STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DA"Z"E -A RESOLUTION OF- THE :MAYOR AND CITY - COMMISSION OF-THE CITY ORSOUTH MIAMI, RELATING 70 A REQUEST" PURSUANT =T(3` sECiION':20-3.4(B)(4)(b) :OF ,TI IE ,LANE} DEVELOPMENT:.CODE.FOR ,SPECIAL USE,APPROVAL,TO LOCATE A`RESTAURANT: TO BE CALLED _= GIGGLE -sC1TY PLAY 'CAFE 'IN. :THE "SFI . (Hl3)" :SPECIALTY_ ..RETAIL HOMETOWN `:RISTRIC- 1 OVERLAY ZONING ' DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE_(SH0.PS _ ...s AT SUNSET PLACE); PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF. THE MAYOR -AND CITY - COMMISSION OF THE CITY OF SOUT14 MIAMI, RELATING TO A REQUEST FROM HABITAT FOR HUMAN ITY.OF_.GREATER M1AMI INC PURSUANT TO SECTION 20- 5.16(s) -OF -,THE LAND'.DEVEL - OPMENT CODE TO ALLOW THE. RELEASE. OF A UNITY OF TITLE EXECUTED-ON MARCH 20,.2006. WHICH ,COMBINED- INTO ONE - BUILDING. SITE, THE,.;FOLLOWING PARCELS LOTS 77 & 78 LESS NORTH 5. FT.. OF LOT;78 & LESS EXT.. AREA OF CURVE IN NE CORNER, (6350 SW 60th AVENUE) AND THE EAST 1 /2 OF LOT. 79, _(6016 SW 63rd STREET) BLOCK-14, FRANKLIN. SUBDIVISION .,AS._ RECORDED -,IN _'' PLAT BOOK 5, AT PAGE 34, PUBLIC RECORDS OF MIAMI DADE COUNTY, - FLORIDA; PROVIDING. AN EFFECTIVE DATE.. . If you have any Inquiries on the above items please contact the City Cleric's office at: 305-663-6340 ALL interested parties are invited to attend and wtll be heard - Maria M. Menendez,,CMC ,_. City Clerk , . Pursuant to Florida Statutes 286.0105, the City he advises the public that if a:person decides t6 appeal _any_decision'.made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a.record of the proceedings, and that for such purpose,- :affected person may need to ensure that a _verbatim record of the proceedings is made which record includes -the." test imonv and evidence upon which the appeal is to be based. ,